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Tahawwur Hussain Rana, the key accused in the deadly 26/11 Mumbai terror attacks, is in the National Investigation Agency (NIA) custody.
Rana, a Canadian national of Pakistani origin, was formally arrested immediately after he arrived in New Delhi Thursday evening.
Then, NIA produced Rana before a a special NIA court in New Delhi, wherein the court remanded him to 18 days of NIA custody.
As per the legal luminaries, Rana’s extradition marks a significant diplomatic and legal achievement for India.
In an exclusive conversation with iTV Network, Justice A.K. Sikri, former Supreme Court of India judge, hailed the extradition as a ‘clear win’ for India.
Justice Sikri said, ‘Extraditing fugitives is not easy. It requires a blend of legal and diplomatic efforts. The government has done well to bring Rana back’.
Justice Sikri also elaborated on the legal nuances of extradition treaties, explaining that under the India-US treaty, Rana can only be prosecuted for the charges based on which he was extradited.
On concerns of custodial torture, Sikri said: ‘The treaty and Indian law prohibit any kind of custodial or police torture.’
Justice Sikri said: ‘Rana was convicted on the conspiracy count but acquitted on providing direct material support.’
Justice Sikri clarified, ‘Double jeopardy (being tried twice for same crime) doesn’t apply here because Rana is being prosecuted under Indian law for crimes committed on Indian soil.’
Former Attorney General of India Mukul Rohatgi also called the extradition a ‘major diplomatic and legal victory’ for the Indian government.
Rohatgi said: ‘Considering the heinous nature of the crime, the only appropriate punishment should be the death penalty.’
He added that the court’s order to grant a a 18-day remand to NIA is crucial for investigation.
Rohatgi said, ‘Remand allows proper interrogation to understand the full scope of the conspiracy. Once an accused is sent to jail, interrogation becomes nearly impossible. In Rana’s case, who has lived abroad for decades, it’s even more critical to get to know his background.’
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